Press Release
A Creature is Not to be Obeyed when it Involves Disobedience to the Creator!

The Intelligence Directorate of Kandahar province has detained several Dawah carriers of Hizb ut Tahrir / Wilayah Afghanistan for the last 12 months. This week, it has reached its one-year term. In addition to being tortured by the intelligence officers, they have been behind cells with no verdict from the court during this time. Besides, the intelligence officials of Kandahar have informed the Dawah carriers that they either quit the call for the Khilafah or they will suffer from misery and imprisonment without any limited time.

The Media Office of Hizb ut Tahrir in Wilayah Afghanistan considers brings following points to attention regarding this incident:

First, we have been shocked by such actions of Kandahar intelligence officials. According to which Mazhab (sect) or which Sharia is such an action/argument derived? The Islam that we have come to understand clearly rejects such measures. The claim that the Dawah carriers have been detained due to their violation of the instructions of the regime and the decree of Amir is a baseless argument. There is no written decree by Amir of the current regime regarding the prohibition of the Dawah of Hizb ut Tahrir. Besides, the Kandahar intelligence officials have been blatantly rejecting to execute clear decrees and/or orders declared by Amir of the regime such as “avoiding detention of innocent people", "avoiding punishment without a court verdict", "avoiding persecution or torture during investigation", and "handing-over the cases to the court after 10 days of investigation". If this is really a matter of disobedience and violation of Amir’s decree, then what is the difference between the prisoners and the intelligence officials who themselves have been violating the decree of their Amir? They detain people for allegedly disobeying their decrees and yet they themselves torture people, detain people without the lawful procedures, which are clearly against decrees issued by their highest instance.

Second, Khilafah is the crown of all obligations and the struggle to establish it is the duty of every Muslim. If anyone researches and studies the Holy Qur'an, the Sunnah of the Messenger of Allah (saw), the consensus of the Companions and even the sayings of the past Ulema, he will find that there is nothing more important than the establishment of Khilafah. For this reason, no ruler and/or military commander can prevent the Dawah carriers from undertaking this duty, contradicting the command of Allah (swt) and that of the Prophet (saw). Just as the ruler cannot forbid Muslims from praying, fasting, paying zakat (alms) and attending jihad; in the same way, he cannot forbid Muslims from the obligation of enjoining the virtue & forbidding the vice and the act of ensuring that the rulers are made accountable or from carrying the Islamic Dawah. As Allah (swt) and the Messenger of Allah (saw) mention:

[وَلْتَكُن مِّنكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِالْمُنكَرِ وَأُولَٰئِكَ هُمُ الْمُفْلِحُونَ]

“And from among you there must be a party who invite people to all that is good and enjoin the doing of all that is right and forbid the doing of all that is wrong. It is they who will attain true success.” [Aali-Imran:104]. «والَّذِي نَفْسِي بِيَدِهِ، لَتَأْمُرُنَّ بالْمَعْرُوفِ، ولَتَنْهَوُنَّ عَنِ المُنْكَرِ، أَوْ لَيُوشِكَنَّ اللَّه أَنْ يَبْعَثَ عَلَيْكُمْ جِعِقَابًا مِنْهُ، ثُمَّ تَدْعُونَهُ فَلا يُسْتَجابُ لَكُمْ»“By the One in Whose Hand is my soul! Either you command good and forbid evil, or Allah will soon send upon you a punishment from Him, then you will call upon Him, but He will not respond to you.”

Currently, when the Dawah carriers of Hizb ut Tahrir are undertaking the obligation of enjoining the virtue and forbidding the vice by calling for the establishment of Khilafah, does the ruling regime consider it an illegitimate act despite the above-mentioned texts? And does it consider the Dawah carriers to be deserving imprisonment, punishment and torture due to their disobedience to the regime?! Although, there is no clear decree regarding the prevention of the call for the restoration of the Khilafah by the Amir of the ruling regime; but even if there is, it should not be obeyed according to the following Hadith. «لاَ طَاعَةَ لِمَخْلُوقٍ فِي مَعْصِيَةِ الْخَالِقِ» “A creature is not to be obeyed when it involves disobedience to the Creator.”

Based on this sacred and blessed Hadith, throughout history, religious Ulema such as Imam Abu Hanifah, Imam Ahmad bin Hanbal, Imam Shafi’i (may Allah have mercy on them)and several other Ulema have not obeyed the illegitimate orders and/or decrees of the legitimate Khalifah of their time – even to the extent that the Khulafaa’ (caliphs) not only imprisoned them but also threatened them to death. But the fear of the rulers did not prevent them from speaking the words of truth. Just as the torture and imprisonment of Imam Ahmad bin Hanbal (may Allah have mercy on him) by Khalifah Moatasim due to his opposition to the ‘theory of creation of the Holy Quran’ is well known in history; likewise, it is not permissible to obey humans in actions that result in disobedience to Allah (swt).

The authorities of the current regime should not draw a linear analogy between Hizb ut Tahrir and that of other sectarian parties that have been solely based on ethnic, sectarian, linguistic and dynastic tendencies – those which have contributed to the internal crisis and division in Afghanistan. Hizb ut Tahrir is an intellectual and political party that has been striving to establish a Khilafah for the Muslim Ummah in which Islam will be implemented to ensure that all Islamic lands are united one again. Hizb ut Tahrir never wants the Khilafah to secure the party-oriented objectives; rather, it wants the return of honor and glory of all Muslims. Therefore, we warn the intelligence officials of Kandahar that the harassment and torture of the Dawah carriers of Khilafah will result in the wrath of Allah (swt), so stop committing such offensive and non-Islamic acts.

[وَسَيَعْلَمُ الَّذِينَ ظَلَمُوا أَيَّ مُنقَلَبٍ يَنقَلِبُونَ]

“Those who do wrong will come to know by what a (great) reverse they will be overturned.” [Ash-Shuraa’: 227]

Media Office of Hizb ut Tahrir
in Wilayah Afghanistan